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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11742
Experience:  30 years as a practising solicitor.
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If a child under 12 in Scotland is asked to provide a witness

Resolved Question:

If a child under 12 in Scotland is asked to provide a witness statement at a police station can they refuse to do so?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

A child under 12 can be interviewed as a witness but would have to have a parent, guardian or other safe-guarder present during any questioning.

If the child refuses to answer any questions it is unlikely that any sanctions would follow but often children can be the best witnesses.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Thanks for your time but perhaps I was not clear enough. I am asking about 'obligation' really. Can a child refuse to attend the police station and provide a statement or are they legally obliged to do so even if they then refuse to answer questions?

Expert:  JGM replied 4 years ago.
The pice are entitled to ask the child to answer questions if the child is over the age of eight.
Customer: replied 4 years ago.


Sorry about this... What if the child is under eight years of age?

Expert:  JGM replied 4 years ago.
The parents could refuse to allow the child to be questioned and an application to the court would be required.
JGM and 2 other Scots Law Specialists are ready to help you
Customer: replied 4 years ago.


Thank you very much.